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1. Defendant A Co., Ltd. shall pay to the Plaintiff KRW 41,087,00 as well as to the day of full payment from May 31, 2017 to the day of full payment.
Reasons
The plaintiff asserted by the parties that the plaintiff completed the construction of a single unit as shown in the attached Table of construction work at six construction sites performed by the defendant A Co., Ltd. (hereinafter "the defendant Co., Ltd."), but did not receive construction cost of KRW 41,087,000 up to
On the other hand, the defendant company is a company owned by the representative director of the defendant B solely, and actually is a private company of the defendant B, but the defendant B abuses its legal personality to avoid the application of the law to itself.
Therefore, Defendant B is also liable to pay the Plaintiff the construction cost, and the Defendants jointly have the obligation to pay the Plaintiff KRW 41,087,000 and the delay damages.
Defendant Company 1) Since the construction site listed in [Attachment 2 and 4] Nos. 2 and 4 are the construction site performed by Defendant Company C unrelated to the Defendant Company, Defendant Company is not obligated to pay the construction cost executed by the Plaintiff at the above construction site. 2) In the construction site listed in [Attachment 1] Nos. 1 and 3, the Plaintiff performed the construction work, but the Plaintiff claimed an excessive amount of construction cost than the actual construction cost.
Defendant B was the representative director of the Defendant Company and did not abuse the legal personality of the Defendant Company, and thus, Defendant B was not obligated to pay the construction price to the Plaintiff jointly with the Defendant Company.
In full view of the following facts: (a) Nos. 3, 5, A’s evidence Nos. 8-1, 2, and 9; and (b) the witness’s partial testimony as a whole, the Plaintiff issued a written claim against the Defendant Company as the counter-party to the Defendant Company; (c) the name and contact point of C as the person in charge of the construction site; (d) C refers to the time when the Defendant Company was established to the external name of the Defendant Company as the president of the Defendant Company; and (e) the Corporation.